European Employment Law Cases

Case Reports

2020/22 Works council’s right to inspect remuneration lists (GE)

Keywords Information and Consultation, Privacy
Authors Robert Pacholski
Author's information

381473 Robert Pacholski
Robert Pacholski is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.
  • Abstract

      The Federal Labour Court (Bundesarbeitsgericht, “BAG”) has held that a works council must be provided with the documents necessary for carrying out its duties at any time on request. A works committee or another committee of the works council formed in accordance with the provisions of the Works Constitution Act (Betriebsverfassungsgesetz, “BetrVG”) is entitled to inspect the lists of gross wages. This right to inspect is not limited to anonymized gross pay lists. Data protection considerations do not dictate that the right is limited to anonymized gross payrolls. The processing of personal data associated with the right of inspection is permitted under the European General Data Protection Regulation (“GDPR”) and the German Federal Data Protection Act (Bundesdatenschutzgesetz, “BDSG”).

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